Disposed

Mangesh S/O Suresh Zambare v. State of Mha. Thr. Pso Ramnagar Dist.Wardha

Bombay HC2 Jul 2024APPA/354/2024

Case brief

AI extract

What is this about?

Convict sentenced to 10 years' rigorous imprisonment for rape and 3 years under Section 452 IPC sought suspension of sentence on medical grounds, citing aggravated type II Fissure In Ano requiring private hospital treatment. The court found the request justified and suspended the sentence for four months, releasing him on a PR bond of Rs.15,000 with one surety, with surrender required thereafter.

What the court decided

AI extract

Mangesh S/O Suresh Zambare Vs State of Mha. Thr. Pso Ramnagar… — Bail and Remand | Bombay HC (2024)

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31 898.23 and 354.24.odt..odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLI. (APPA) NOs. 898 OF 2023 AND 354 OF 2024 I N

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CRIMINAL APPEAL NO.11 OF 2023

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Mangesh s/o Suresh Zambare

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Vs.

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State of Maharashtra, through PSO, Ramnagar, District Wardha

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

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and Registrar's Orders.

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Mr Mahesh Rai, Advocate for appellant. Mr Suraj Hulke, APP for State.

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CORAM : G.A. SANAP, J. DATE : 02.07.2024

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Heard learned Advocate for the appellant and learned APP for the respondent/State.

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The appellant/accused, on conviction for the offence punishable under Section 376 of the Indian Penal Code has been sentenced to suffer rigorous imprisonment for 10 years. He is also sentenced to undergo rigorous imprisonment for three years under Section 452 of the Indian Penal Code. These two applications have been made by the appellant/accused for suspension of sentence and grant of bail.

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The main ground for suspension of sentence is his medical health condition. It is stated that he is suffering from type II Fissure In Ano. Earlier, he was

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2 31 898.23 and 354.24.odt..odt

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operated for this ailment. However, again the said problem has occurred and aggravated. It is stated that he would like to take proper treatment in private hospital. Learned Advocate submitted that for a limited period of four months, the sentence may be suspended, so that, he would be able to take treatment in private hospital.

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On going through the record and proceedings and particularly report received from the Medical Officer attached to the jail shows that earlier, he was operated for type II Fissure In Ano. The record shows that again this problem has aggravated. It is not the case of the appellant that treatment is not provided to him. It appears that he has no faith in the said treatment.

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In my view, considering the medical condition the submission of learned Advocate to suspend the substantive sentence of four months is fully justified.

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Accordingly, the applications are allowed as follows:-

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i) The sentence awarded by the learned Adhoc Additional Sessions Judge-1 Wardha in Sessions Case No.61/2017 vide judgment and order dated 31/12/2022 shall remain suspended for four months from the date of release.

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ii) Appellant Mangesh s/o Suresh Zambare be

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3 31 898.23 and 354.24.odt..odt

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released on bail, on his furnishing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) and one surety in the like amount .

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iii) The surety be submitted before the Trial Court. 7. The appellant/accused shall surrender in terms of this order on completion of four months.

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(G. A. SANAP, J.)

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manisha

Mangesh S/O Suresh Zambare v. State of Mha. Thr. Pso Ramnagar Dist.Wardha

Case brief

What is this about?

What the court decided

Mangesh S/O Suresh Zambare v. State of Mha. Thr. Pso Ramnagar Dist.Wardha

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

Coram

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